‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE AFSN/SSAN

AMN | gana

X RECORD REVIEW

 

: ‘| NAME OF COUNSEL AND OR ORGANIZATION

 

_MEMBERS SITTING

ISSUES INDEX NUMBER

A93.09 A67.10

 

   

HEARING DATE

CASE NUMBER

27 JUN 03 FD2003-0060

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

iia

SAF/MIBR

530 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

   

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

GEN UOTHC: OTHER DENY

 

 

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

elu!) wl] eis

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

PERSONAL APPEARANCE
i TAPE RECORDING OF PERSONAL APPERANCE HEARING

BOARD DECISION, RATIONALE:

   

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

SIGNATURE OF BOARD PRESIDENT

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0060

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

      
   
     
   
  

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

    
  

ISSUE: Applicant does not contest his discharge; he states that he was going through a bad divorce and
now he wants to enlist in the U.S. Army. The record indicates the applicant received two Article 15s, the
first for failure to go. The second one was for writing bad checks. In addition, he received six Letters of
Reprimand for failure to go on numerous occasions, failure to maintain living quarters within military
standards (twice), failure to provide sufficient vehicle insurance, and taking a smoke break at an
unauthorized time. The Board admires the fact that the applicant wants to reaffiliate with the military;
however, there was no inequity or impropriety in his discharge and wanting to enlist in the Army is no
reason to change the characterization. The Board concluded the applicant’s misconduct was a significant
departure from conduct expected of all military members. The characterization of the discharge received by
the applicant was found to be appropriate. The Board found no evidence of any inequity or impropriety on
which to base a decision to upgrade the discharge.

    
     
   
   
   
   
   
 
    
     
   
  

  

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

    
  

  
   

Attachment:
Examiner's Brief
FD2003-00060
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 17 Oct 00 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary). Appeals for Honorable
Discharge, to Change RE Code, Reason and Authority for Disch.

‘ 6

2. BACKGROUND:

a. DOB: 5 Nov 79. Enlmt Age: 18 0/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFOT: N/A. A-45, E-57, G-57, M-75. PAFSC: 3T331 - Special Vehicle
Maintenance. DAS: 4 Jan 99.

b. Prior Sv: (1) AFRes 22 Nov 97 - 1 Jul 98 (7 months 10 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 2 Jul 98 for 4 yrs. Svd: 2 Yrs 3 Mos 16 Das, all AMS.

b. Grade Status: AMN ~ 24 Aug 00 (Article 15, 24 Aug 00)
- ALC - 02 Nov 99
AMN - 02 Jan 99

c. Time Lost: None.

d. Art 15’s: (1) 24 Aug 00, Luke AFB, AZ - Article 134. You, did, on or
about 11 Mar 00, make and utter to --~----- a certain
check, in words and figures as follows, to wit: One
Thousand and Five Hundred and 00/100 dollars, $1500.00,
for the lease of a 2000 ------, and did thereafter
dishonorably fail to maintain sufficient funds in the --
meee Bank for payment of such check in full upon its
presentation for payment. You, being indebted to -----
in the sum of $1200.00 for downpayment, which amount
became due and payable on or about 24 Apr 00, did, at or
near Glendale, Arizona, betweeri on or about 1 May 00 and
on or about 15 May 00, dishonorably fail to pay said
debt. Reduction to Amn, and 14 days extra duty.

(No appeal) (No mitigation)

(2) 14 Dec 99, Luke AFB, AZ - Article 86. You, did, on or
about 2 Dec 99, without authority, fail to go at the
time prescribed to your appointed place of duty.
Suspended forfeiture of $250.00 pay, and 10 days extra
duty. (No appeal) (No mitigation)

e. Additional: LOR, 19 NOV 99 - Taking a smoke break at an unauthorized
time.
FD2003-00060

LOR, 29 OCT 99 - Failure to go.

LOR, 18 OCT 99 - Failure to go. .

LOR, 18 OCT 99 - Failure to provide sufficient vehicle
insurance.

LOR, 18 OCT 99 - Failure to maintain living quarters within
military standards.

LOR, 05 OCT 99 - Failure to maintain living quarters within
military standards.

£. CM: None.

g. Record of SV: 2 Mar 00 - 13 Sep 00 Luke AFB 2 (CRO)REF
(Discharged from Luke AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (10) Mos (26) Das
TAMS: (2) Yrs (3) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Feb 03.
(Change Discharge to Honorable, Change the RE Code, Reasons and Authority)

ISSUES ATTACHED TO BRIEF.
ATCH

1. Applicant's Issues. —
2. Character References.

25MAR03/ia
fDR003-0006¢

To whom it may concern,

I am writing this letter to request an upgrade on my discharge. | am
requesting this upgrade so that | can enlist in the U.S. Army. | know that my past
service was not the best. The reasons why | would like to enlist are, so | can
provide better for my family and so | can serve my country. | have had two years
and four months to take care of my personal issues that contributed to my

** discharge. | know that lam responsible for my own actions and the
consequences that come with those actions. The biggest issue that | had to work
out was with my ex-wife. During my enlistment in the Air Force | was going
though a bad divorce, that lasted one year and four months. During and after the
divorce was final, my now ex-wife would constantly call my Commander and First
Sergeant causing problems. She would also call me at work and home causing —
problems. This put me under great stress. My.Commander and First Sergeant
could not do anything to her, which put me on the spot. When | would do
something minor, they would treat it as a major problem. That put me under
even more stress. | was under so much stress that it affected my duties. | tried
my best to separate the two. No matter how hard | tried it just seemed
impossible for me to keep my personal issues and my duties apart. When |
found out that | was going to be discharged | tried my hardest to prove that | was —

worth keeping in.

Yes, | did make some-mistakes while | was enlisted and | will fully admit to
them. Since my discharge | have worked all of my problems out. | willtrymy
best to keep them that way. | now have a family that | am responsible to care for
and | think going into the military would be the best way to do that. | would

- greatly appreciate it if you would consider and approve my request to change my
discharge from General under Honorable Conditions to an Honorable discharge.
Thank you for your time.

#icerely,

 

VE dal Fer tere FJ Ou -Ae?9
DEPARTMENT OF THE AIR FORCE
56th Transportation Squadron (AETC)
Luke Air Force Base Arizona

MEMORANDUM FOR Miia SEP 2 1 2000

FROM: 56 TRNS/CC
‘SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFT 36-3208,
Section H, paragraph 5.49. If my recommendation is approved, your service will be
characterized as honorable, general, or under other than honorable conditions. I am
recommending that your service be characterized as general.

2. My reasons for this action are:

a. On23 Sep 99, you failed to maintain your dormitory room within military
standards. A Letter of Reprimand, dated 5 Oct 99 evidences this misconduct.

b. On 12 Oct 99, you failed to maintain your living quarters within military
standards. A Letter of Reprimand, dated 18 Oct 99 evidences this misconduct.

c. On 13 Oct 99, you failed to maintain sufficient vehicle coverage on your
automobile. A Letter of Reprimand, dated 18 Oct 99 evidences this misconduct.

d. On 18 Oct 99, you failed to report to your appointed place of duty at the time
prescribed. A Letter of Reprimand, dated 18 Oct 99 evidences this misconduct.

e. On 29 Oct 99, you failed to report to your appointed place of duty at the time
prescribed. A Letter of Reprimand, dated 29 Oct 99 and establishment of an Unfavorable
Information File, dated 29 Oct 99 evidences this misconduct.

f. On 19 Nov 99, you failed to take your smoke break at an authorized time. A
Letter of Reprimand, dated 19 Nov 99 evidences this misconduct.

_ g. On2 Dec 99, you failed to report to your appointed place of duty at the time
prescribed. An Article 15, dated 14 Dec 99 evidences this misconduct. .

h. On 11 Mar 00, you failed to maintain sufficient funds in your account to honor

a check in the amount of $1500. An Article 15, dated 24 Aug 00 evidences this
misconduct,
. 3. Copies of the documents to be forwarded to the separation authority in support of this
. recommendation are attached. The commander exercising SPCM jurisdiction or a higher
authority will decide whether you will be discharged or retained in the Air Force, and if
discharged, how your service will be characterized. If you are discharged, you will be

ineligible for reenlistment in the Air Force and any special pay, bonus, or education
- assistance funds may be subjected to recoupment. .

4. You have the right to consult counsel: Military legal counsel has been obtained to
assist you. An appointment for you to consult the Area Defense Counsel at Building

1150, Suite 3015, Luke AFB, AZ, extension 6701 has been scheduled for J¢ Sap OD
at_ 4)30 hours. You may consult civilian counsel at your own expense. .

5. You have the right to submit statements in your own behalf. Any statements you want
the separation authority to consider must reach me by_Qlg oe OO _ unless you.
receive an extension for good cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure
will constitute a waiver of your right to do so.

7. You must retrieve your medical records from the 56th Medical Group Hospital
Outpatient records and immediately report to Physical Exams, Building 810, with your
medical records and your copy. of this AFI 36-3208 discharge package for medical review
and/or examination. .

8. The Privacy Act protects any personal information you furnish in rebuttal. A copy of
AFI 36-3208 is available for your use in your unit orderly room.

9. Execute the attached acknowledgment and return it to me immediately.

 

Attachments:

Letter of Reprimand, dated 5 Oct 99
Letter of Reprimand, dated 18 Oct 99
Letter of Reprimand, dated 18 Oct 99°
Letter of Reprimand, dated 18 Oct 99

. Letter of Reprimand, dated 29 Oct 99
AF Form 1058, dated 1 Nov 99

Letter of Reprimand, dated 19 Nov 99
AF Fomn 3070, dated 14 Dec 99

AF Form 3070, dated 24 Aug 00

oe SONY ee he